MINUTES FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 1 OF FORT BEND COUNTY. September 23,2015

Transcription

1 MINUTES FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 1 OF FORT BEND COUNTY September 23,2015 The Board of Directors (the "Board") of Fulshear Municipal Utility District No.1 of Fort Bend County (the "District") met in regular session, open to the public, on the 23rd day of September, 2015, at the offices of Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Houston, Texas, outside the boundaries of the District, and the roll was called of the members of the Board: Brian Cogburn Brooks D. Tueting Tracy Bozeman Eugene R. Baker Donald T. Keller, Jr. President Vice President Secretary Assistant Secretary I Asst. Vice President Assistant Secretary I Asst. Vice President and all of the above were present except Director Bozeman, thus constituting a quorum. Also present at the meeting were Ron Catchings, a resident of the District; Julie Peak of First Southwest Company; Dave Cannon of Trend Development, Inc.; Ralph Wissel of Costello, Inc. ("Costello"); Christina Cole of Myrtle Cruz, Inc.; Brenda McLaughlin of Bob Leared Interests; Rick Haddock of Sweitzer & Associates ("S&A"); and Ryan Harper and Kristen Hogan of Allen Boone Humphries Robinson LLP (" ABHR"). MINUTES The Board considered approving the minutes of the August 26, 2015, regular meeting. Following review and discussion, Director Tueting moved to approve the minutes. Director Cogburn seconded the motion, which passed unanimously. $4,660,000 UNLIMITED TAX BONDS, SERIES 2015 Ms. Peak distributed and reviewed a bid summary reflecting the two bids received for the District's $4,660,000 Unlimited Tax Bonds, Series 2015 (the "Series 2015 Bonds"). A copy of the bid summary is attached. Ms. Peak stated the bids were verified for accuracy, and that good faith checks were submitted by all of the bidders. She recommended that the Board accept the bid with the lowest net effective interest rate of % submitted by RBC Capital Markets ("RBC"). Mr. Harper presented the Resolution Authorizing Issuance of the District's Series 2015 Bonds and the Paying Agent/Registrar Agreement between the District and The Bank of New York Mellon Trust Company.

2 Ms. Peak reported that the Preliminary Official Statement will be updated to include information regarding the sale of the Series 2015 Bonds and will be used as the Official Statement for the Series 2015 Bonds. The Board considered authorizing exeqution of a Certificate Regarding Provision of Financial Advice (the "Certificate") stating'!that the Board has relied on the financial advisor, First Southwest Company, for finanqial advice concerning the issuance of the Series 2015 Bonds. Mr. Harper noted that it will be necesspry for the President and the Secretary or Assistant Secretary of the Board to sign docu~ents relating to the sale and closing of the District's Series 2015 Bonds, and for the attqrney to submit a transcript of the bond proceedings to the Attorney General of Texas.! He added that the financial advisor also will take necessary action in connection with t~e delivery of the Series 2015 Bonds to the purchaser. The Board considered approving a che~k to the Attorney General in the amount of $4,660 for review of the transcript for the Series 2015 Bonds. After review and discussion, Director Cogburn made a motion to: (1) award the sale of the District's Series 2015 Bonds to RBC, whose bid contained the lowest net effective interest rate; (2) adopt the Resolution Authorizing Issuance of the Series 2015 Bonds; (3) approve the Paying Agent/Registrar Agreement with The Bank of New York Mellon Trust Company; (4) approve the Officcial Statement; (5) authorize execution of the Certificate; (6) authorize the Board of Dire~tors to sign the documents relating to the bond sale; (7) authorize the attorney and fina~cial advisor to take all necessary action to deliver the bonds to the purchaser; and (8) authorize execution of a check to the Attorney General in the amount of $4,660 for pond transcript review. Director Tueting seconded the motion, which passed by unanilljl.ous vote. DISTRICT WEBSITE There was no discussion on this item. FINANCIAL AND BOOKKEEPING MATTERS Ms. Cole presented and reviewed the bookkeeper's report, including the monthly investment report and a budget qomparison, and the bills presented for payment from the District's accounts, a copy of which is attached. She presented the previously approved check to the Attorney G neral for review of the transcript for the Series 2015 Bonds, noting such check will be: reflected on next month's report. After review and discussion, Director Cogburn m~ved to approve the bookkeeper's report -2-

3 and payment of the bills. unanimously. Director Tueting seconded the motion, which carried TAX ASSESSMENT AND COLLECTIONS MATTERS Ms. McLaughlin distributed and reviewed the tax assessor I collector's report for the month of August, including the checks presented for payment, a copy of which is attached. She noted that the District's 2014 taxes are 100% collected. After review and discussion, Director Cogburn moved to approve the tax assessor I collector's report and payment of the tax bill. Director Tueting seconded the motion, which passed unanimously TAX RATE Ms. McLaughlin stated that notice was published of the public hearing to be held at today' s meeting regarding adoption of the District's 2015 tax rate. The Board opened the public hearing regarding the District's proposed tax rate of $1.19 per $100 of assessed valuation, with $0.365 allocated for water, sewer, and drainage debt service, $0.415 allocated for road debt service, and $0.41 allocated for operations and maintenance. There being no members of the public in attendance who wished to address the Board, the public hearing was closed. The Board confirmed its intention that the 2015 tax levy include debt service components of $0.365 per $100 of assessed valuation for water, sewer, and drainage debt service and $0.415 per $100 of assessed valuation for road debt service for the calendar year ending December 31, 2016, and a maintenance tax component of $0.41 per $100 of assessed valuation for the fiscal year ending April 30, Mr. Harper presented an Order Levying Taxes reflecting the proposed 2015 tax rate. He then presented an Amendment to Information Form reflecting the Series 2015 Bonds and the 2015 tax rate and stated that the Amendment will be filed with the Texas Commission on Environmental Quality and recorded in the Official Public Records of Fort Bend County. After review and discussion, Director Keller moved to adopt the Order Levying Taxes reflecting a total 2015 tax rate of $1.19 per $100 of assessed valuation, comprised of $0.365 to pay debt service on water, sewer, and drainage bonds, $0.415 to pay debt service on road bonds, and $0.41 for operations and maintenance, authorize execution of the Amendment to Information Form, and direct that the Order and Amendment be filed appropriately and retained in the District's official records. Director Cogburn seconded the motion, which passed by unanimous vote. ENGINEERING MATTERS Mr. Wissel presented and reviewed the engineer's report, a copy of which is attached. He updated the Board on the status of projects in the District. -3-

4 FULBROOK ON FULSHEAR CREEK, SECTION 4 WATER, SEWER, AND DRAINAGE FACILITIES Mr. Wissel updated the Board on this project, as reflected in his report. He noted that final completion and acceptance continues to be on hold, pending a final decision from the City of Fulshear (the "City") regarding replacement of the lift station pumps. FULBROOK ON FULSHEAR CREEK, SECTION 4 PAVING FACILITIES Mr. Wissel updated the Board on the status of this project, as reflected in his report. He said final acceptance of the project is delayed, pending final completion of the Section 4 utilities. FULBROOK ON FULSHEAR CREEK, SECTION 8 WATER, SEWER, Mr. Wissel updated the Board on design of the construction plans for this project. FULBROOK ON FULSHEAR CREEK, SECTION 9 WATER, SEWER, Mr. Wissel updated the Board on design of the construction plans for this project. FULBROOK ON FULSHEAR CREEK, SECTION 10 WATER, SEWER, Mr. Wissel updated the Board on design of the construction plans for this project. FULBROOK ON FULSHEAR CREEK, SECTION 11 WATER, SEWER, Mr. Wissel updated the Board on the status of construction plans for this project. FULBROOK ON FULSHEAR CREEK, SECTION 12 WATER, SEWER, Mr. Wissel updated the Board on the status of construction plans for this project. -4-

5 DRAINAGE STRUCTURE AND PAVING IMPROVEMENTS FOR FARM HILL WAY Mr. Wissel updated the Board on the status of this project, as reflected in his report. He reviewed the bids received for the project and recommended award of the contract to the lowest responsible bidder who can most efficiently complete the project on behalf of the District, Harper Brothers Construction, LLC, in the initial contract amount of $698, The Board considered authorizing execution of a letter financing agreement between the District and the developer for the project. EXTENSION OF SANITARY SEWER WITHIN LAKE HILL FARM WAY Mr. Wissel updated the Board on the status of this project, as reflected in his report. He said the project is complete and the required documentation was submitted to the City for acceptance. DRAINAGE ON WEST SIDE OF FULSHEAR TRACE NEAR POCKET PARK Mr. Wissel updated the Board on the status of this project, as reflected in his report. He said the project was re-bid by solicitation following last month's meeting. He reviewed the bids received for the project. Mr. Wissel then recommended that the Board rescind the previous award to Camino Services, and the related letter financing agreement, and award a contract to the lowest responsible bidder who can most efficiently complete the project on behalf of the District, Site Landscaping Service, in the initial contract amount of $47, The Board considered authorizing execution of a letter financing agreement between the District and the developer for the project. UPDATE ON BOND APPLICATION There was no discussion on this item. Mr. Wissel reported on a Federal Emergency Management Agency ("FEMA") presentation of FEMA' s preliminary results of an update of the flood plain and flood maps for tributaries of the Brazos River, including Fulshear Creek. He said the preliminary results reflect no impact on the existing flood plain within the District. EROSION PROTECTION ALONG FULSHEAR CREEK Mr. Wissel reported that a meeting is scheduled for September 29, 2015, with Fort Bend County Commissioner Andy Meyers and Mark Vogler of the Fort Bend County Drainage District to review the slope erosion plans and determine participation in the project. -5-

6 After review and discussion, Director Tueting moved to approve the engineer's report and take the following actions, based on the engineer's recommendation: (1) award the contract for construction of the drainage structure and paving improvements for Farm Hill Way to the low bidder, Harper Brothers Construction, LLC, in the initial contract amount of $698,734.50, and authorize execution of the related letter financing agreement; (2) rescind the previously awarded contract to Camino Services for construction of the drainage improvements on the west side of Fulshear Trace near the pocket park, and the related letter financing agreement; and (3) award the contract for construction of the drainage improvements on the west side of Fulshear Trace near the pocket park to the low bidder, Site Landscaping Service, in the initial contract amount of $47,145.50, and authorize execution of the related letter financing agreement. Director Cogburn seconded the motion, which passed unanimously. DEEDS AND EASEMENTS, ENVIRONMENTAL PROPOSALS, AND CONSENTS TO ENCROACHMENT There were no matters for consideration under this item. UTILITY CONVEYANCE AND SECURITY AGREEMENTS Mr. Harper reported on the City's proposed resolution regarding acceptance of facilities constructed within the City. He said the matter was tabled at the City Council meeting on September 22, ACQUISITION OF REAL PROPERTY INTERESTS There was no action on this item. PARK PROJECTS Mr. Haddock presented the landscape architect's report, a copy of which is attached, and updated the Board on the status of projects in the District. LANDSCAPE IMPROVEMENTS TO EXISTING LANDSCAPE PLANTINGS Mr. Haddock had nothing to report on this item. LANDSCAPE IMPROVEMENTS AT LODGE LAKE DRIVE IN SECTION 4 There was no report on the landscape improvements at Lodge Lake Drive in Section 4 by Site Landscaping Service. Mr. Haddock presented and recommended approval of the plans and specifications for planting and irrigation improvements within the Lodge Lake Drive -6-

7 street right-of-way and the landscape reserve adjacent to the box culverts, and requested authorization to solicit bids for the project. POCKET PARK IMPROVEMENTS AND PROPOSED PLAY AREA AT LODGE/RECREATION CENTER Mr. Haddock had nothing to report on this item. LANDSCAPE DEVELOPMENT OF FULBROOK ON FULSHEAR CREEK, SECTIONS 8, 9, AND 10 Mr. Haddock updated the Board on design of the plans for this project. He said there were no action items for consideration. LODGE RECREATION CENTER PARKING AND CONNECTING SIDEWALKS Mr. Haddock updated the Board on the status of this project, as reflected in his report. After review and discussion, Director Keller moved to approve the landscape architect's report and, based on the landscape architect's recommendation, to approve the plans and specifications for planting and irrigation improvements within the Lodge Lake Drive right-of-way and the landscape reserve adjacent to the box culverts and to authorize solicitation of bids for the project. Director Tueting seconded the motion, which passed unanimously. MOWING AND MAINTENANCE OF DISTRICT LANDSCAPING, INCLUDING AMENDED SERVICE AGREEMENT WITH GLAMCO AND PROPOSALS FOR TREE REMOVAL Mr. Haddock responded to questions regarding maintenance of the pipeline easement in Section 4. The Board reviewed a report submitted by Gleannloch Landscaping & Maintenance Company ("Glamco") on landscaping maintenance, a copy of which is attached. The Board next reviewed proposals from Glamco for (1) one-time clearing of District property behind lots in Sections 3 and 4 for a cost of $3, and (2) ongoing maintenance of such property for an annual cost of $6,336. Mr. Harper discussed the letter that was sent to residents along Fulshear Creek regarding District property and prohibited activities thereon. He then discussed a report of installation of sod and irrigation on District property by a resident. After review and discussion, the Board concurred to table consideration of the Glamco proposals pending further clarification, -7-

8 and to include an item on next month's agenda for the Board to consider adopting rules and regulations for use of District property. CONFLICT OF INTEREST DISCLOSURE REQUIRED UNDER CHAPTER 176 OF THE TEXAS LOCAL GOVERNMENT CODE, INCLUDING REVIEW OF DISCLOSURE FORMS ADOPTED BY THE TEXAS ETHICS COMMISSION AND LIST OF LOCAL GOVERNMENT OFFICERS FOR THE DISTRICT Mr. Harper reviewed a Memorandum from ABHR regarding conflict of interest disclosure required under Chapter 176 of the Texas Local Government Code and disclosure forms adopted by the Texas Ethics Commission, a copy of which is attached. He stated that pursuant to Chapter 176 of the Texas Local Government Code, the District will maintain a List of Local Government Officers. Mr. Harper reviewed the List of Local Government Officers. After review and discussion, Director Cogburn moved to approve and authorize execution of the List of Local Government Officers and direct that the List be filed appropriately and retained in the District's official records. Director Tueting seconded the motion, which passed unanimously. REPORT ON DEVELOPMENT Mr. Cannon reported on development in and near the District. There being no further business to come before the Board, the meeting was adjourned. (SEAL) -8-